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What should you know about positive consent?

On Behalf of | Apr 5, 2022 | Criminal Law

When you face charges for sex crimes in Florida, you might need to register on the sex offender registry. This could impact your life in a number of ways including your relationships, your career and where you can live.

Going forward, you may desire to improve your understanding of positive consent so you can avoid additional charges. In cases where someone wrongly accuses you of violating consent, having an understanding of positive consent could help you articulate your defense.

Rely on communication

Knowing when your partner desires for you to progress is entirely a matter of communication. You should rely on verbal cues, not just physical movement. Never assume that because someone dresses a certain way, you understand his or her intentions. Take the time to talk about your relationship and individual desires.

Communicating openly will reduce the risks of behaving in a way that violates another person’s rights. If you ever feel unsure of what your partner wants, err on the side of caution and ask straightforwardly for clarification.

Know the exceptions

There are exceptions to who can legally give consent. Underaged, intoxicated or sleeping individuals, for example, cannot reasonably consent to sexual activity. In situations where you receive consent from an underaged or intoxicated individual, you may still face arrest for sex crimes. If you need to register as a sex offender, The Office of Program Policy Analysis and Government Accountability, registering as a sex offender requires you to provide information including the following:

  • Your name
  • Your place of residence
  • Your vehicle make and model
  • The charges against you
  • A physical description of you accompanied by a photograph

Sex crimes can have detrimental consequences. Proving that you received adequate consent may prove to be a big challenge. Your effort to improve your methods might help you to avoid similar trouble in the future.


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